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Louisiana Trade Secret Laws: UTSA, Remedies & Deadlines

Independently fact-checkedEditor-reviewedLaw current as of August 16, 2026By Recording Law Editorial TeamReviewed September 13, 20267 min read

Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 2 primary sources cited on this page. How we verify our legal content

Louisiana Trade Secret Laws: UTSA, Remedies & Deadlines

The Louisiana Uniform Trade Secrets Act, La. Rev. Stat. §§ 51:1431 to 51:1439, has governed trade secret protection in Louisiana since 1981. Civil claims for misappropriation must be filed within three years of discovering the wrong under the Louisiana Uniform Trade Secrets Act, and the federal Defend Trade Secrets Act provides a concurrent remedy without displacing the state statute.

This guide is part of our Trade Secret Laws by State series.

Information last verified on 2026-06-25. This article presents general legal information, not legal advice. For a nationwide overview, see Trade Secret Laws by State.

Does Louisiana have a trade secret law?

Louisiana enacted the Louisiana Uniform Trade Secrets Act in 1981, codified at La. Rev. Stat. §§ 51:1431 to 51:1439, placing it among the early UTSA adopters. The statute follows the Uniform Law Commission's framework and covers civil claims by any person or entity whose trade secrets are misappropriated in Louisiana. It defines both trade secret and misappropriation, prescribes available remedies, and sets the three-year limitations period. Under § 51:1437, the LUTSA displaces conflicting state tort and restitution claims that would otherwise govern trade-secret disputes, making it the primary state-law avenue for these cases. The federal Defend Trade Secrets Act applies alongside the LUTSA without preempting it (18 U.S.C. § 1838), so a Louisiana claimant may pursue both state and federal claims in a single lawsuit.

closed leather briefcase with brass combination latches

What counts as a trade secret and misappropriation in Louisiana?

La. Rev. Stat. § 51:1431(4) defines a trade secret as information, including formulas, patterns, compilations, programs, devices, methods, techniques, or processes, that satisfies two conditions. First, the information must derive independent economic value, actual or potential, from not being generally known to or readily ascertainable by proper means by others who can benefit from its disclosure or use. Second, the owner must have taken efforts that are reasonable under the circumstances to keep it secret. Customer lists, manufacturing processes, source code, pricing models, and proprietary formulas are common examples.

Misappropriation under § 51:1431(2) includes acquiring another’s trade secret while knowing or having reason to know it was obtained through improper means, such as theft, bribery, espionage, or breach of a confidentiality duty. It also covers unauthorized disclosure or use under the conditions in § 51:1431(2)(b), including use by someone who acquired it improperly or knew or had reason to know of the improper source or secrecy duty. Section 51:1431(1) lists improper means but does not expressly address reverse engineering or independent development. Proper-means acquisition falls outside the improper-acquisition branch of § 51:1431(2); independent work that does not acquire, disclose, or use another’s secret does not meet that definition.

Remedies and the limitations period in Louisiana

The Louisiana Uniform Trade Secrets Act provides several avenues for relief:

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  • Injunctions: Under § 51:1432, a court may enjoin actual or threatened misappropriation. If the court finds it unreasonable to prohibit future use, § 51:1432(B) permits an injunction conditioning that use on a reasonable royalty for no longer than the period during which use could have been prohibited.
  • Damages: Section 51:1433 allows recovery of actual loss caused by the misappropriation, plus any unjust enrichment of the defendant not already captured in that figure. Unlike most states' UTSA statutes, Louisiana's law does not provide a reasonable-royalty-in-lieu-of-damages option, and it notably does not authorize exemplary (punitive) damages, even for willful and malicious misappropriation.
  • Attorney fees: Available when a claim or motion is made in bad faith, or when misappropriation is willful and malicious (§ 51:1434).

The limitations period is three years. Under the Louisiana Uniform Trade Secrets Act, an action must be brought within three years after the misappropriation is discovered or should have been discovered through reasonable diligence. Continuing misappropriation is treated as a single claim accruing from the first act the owner discovered or should have discovered, so prompt investigation and documentation are important.

How the federal DTSA applies in Louisiana

The Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839, creates a federal civil action for trade-secret misappropriation when the secret relates to a product or service used in, or intended for use in, interstate or foreign commerce. Because the DTSA does not preempt state law (18 U.S.C. § 1838), Louisiana businesses routinely plead both DTSA and LUTSA claims together to take advantage of each forum's procedural tools.

The DTSA adds one remedy not found in Louisiana's statute: a civil ex parte seizure order under § 1836(b)(2), which allows a court to order immediate seizure of materials containing a trade secret before the defendant has notice, in extraordinary circumstances. The DTSA's limitations period of three years from discovery (§ 1836(d)) matches Louisiana's under the LUTSA.

Employers should also review their confidentiality agreements. Any agreement signed or updated after May 11, 2016 must include the DTSA whistleblower-immunity notice required by 18 U.S.C. § 1833(b)(3). An employer that omits the notice loses the right to seek exemplary damages and attorney fees against that employee under the DTSA, even when the misappropriation is willful.

This is general legal information, not legal advice. It describes Louisiana and federal trade secret law as of 2026-06-25 and does not address your specific facts. Trade-secret disputes are fact-intensive and filing deadlines are strict. Consult an attorney licensed in Louisiana before taking action.

Last updated: 2026-06-25.

Frequently Asked Questions

What qualifies as a trade secret in Louisiana?

Under La. Rev. Stat. § 51:1431(4), information qualifies if it derives independent economic value from not being generally known or readily ascertainable by others who could profit from it, and the owner takes reasonable measures to maintain secrecy. Common examples include customer lists, formulas, source code, and pricing models. Louisiana's statute contains no express reverse-engineering or independent-development exception, but neither activity appears among the improper means listed in § 51:1431(1), so information obtained those ways is generally not misappropriated.

How long do I have to sue for trade secret misappropriation in Louisiana?

Three years from when the misappropriation was discovered or reasonably should have been discovered, under the Louisiana Uniform Trade Secrets Act. Continuing misappropriation is treated as a single claim accruing from the first act the owner discovered or should have discovered with reasonable diligence. Prompt investigation preserves your claim.

What remedies does the Louisiana Uniform Trade Secrets Act provide?

The LUTSA authorizes injunctions (§ 51:1432), actual damages plus unjust enrichment (§ 51:1433), and attorney fees for willful, malicious, or bad-faith conduct (§ 51:1434). Unlike most UTSA states, Louisiana does not authorize exemplary (punitive) damages or a reasonable-royalty-in-lieu-of-damages option for willful and malicious misappropriation.

Do Louisiana NDAs need to include a DTSA whistleblower notice?

Yes. Any nondisclosure or confidentiality agreement signed or updated after May 11, 2016 must notify the employee or contractor of the whistleblower immunity under 18 U.S.C. § 1833(b). An employer that omits this notice loses the right to recover exemplary damages and attorney fees from that individual under the DTSA, even for willful misappropriation.

Can I bring both DTSA and Louisiana trade secret claims in the same lawsuit?

Yes. The DTSA does not preempt Louisiana's Uniform Trade Secrets Act (18 U.S.C. § 1838), so a trade secret owner may plead both claims together. Doing so lets the plaintiff pursue the DTSA's civil ex parte seizure remedy while also relying on the LUTSA's preemption of competing state tort claims (§ 51:1437). Both have a three-year limitations period from discovery.

Updates

Clarified that Louisiana's Uniform Trade Secrets Act contains no express reverse-engineering or independent-development exception; those activities fall outside misappropriation because they are not among the improper means listed in La. Rev. Stat. § 51:1431(1).

Corrected Louisiana’s statutory misappropriation description and royalty-conditioned injunction standard.

Corrected the remedies discussion to reflect that Louisiana's trade secret statute, unlike most states', does not authorize exemplary (punitive) damages or a royalty-in-lieu-of-damages option, and repointed the dead official citation link to a live mirror.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Corrected the three-year limitations-period citation: La. Rev. Stat. §51:1438 is a uniformity-of-construction clause, not the statute of limitations, so the deadline is now cited to the Louisiana Uniform Trade Secrets Act generally rather than that specific section.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Louisiana Uniform Trade Secrets Act, La. Rev. Stat. §§ 51:1431 to 51:1439(law.justia.com)
  2. Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839(law.cornell.edu)
  3. Uniform Trade Secrets Act (Uniform Law Commission)(uniformlaws.org)
  4. Economic Espionage Act, 18 U.S.C. §§ 1831-1832(law.cornell.edu)
  5. La. Rev. Stat. § 51:1431, definitions(www.legis.la.gov).gov
  6. La. Rev. Stat. § 51:1432, injunctive relief(legis.la.gov).gov
  7. La. Rev. Stat. § 51:1433, damages(www.legis.la.gov)
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